TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of industrial dispute

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch
(T9197 of 2000)

and

Pasminco Australia Limited
trading as Pasminco Hobart Smelter

REASONS FOR FURTHER DECISION

EMA Legal, on behalf of Pasminco Australia Limited, has lodged an application to re -open the above matter. The grounds are set out in application dated 17 November 2000. In essence the grounds relate to a further medical report apparently obtained subsequent to the termination of Mr Storey.

This is an unusual application given that a merit finding has been made and the only outstanding issue relates to remedy.

Nonetheless I am prepared to hear argument as to why the application to re-open should be granted. Without seeking to limit the nature of any submissions which might be made, I should point out that my finding on the workers' compensation issue related to procedural fairness rather than a medical conclusion.

It naturally follows that it will be necessary to hear and determine the Application To Re-Open before dealing with the issue of remedy.

Both matters will be listed for hearing at 10.30 am on Monday 20 November 2000.

Tim Abey
COMMISSIONER